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(영문) 울산지방법원 2017.01.20 2016고정1295
공익사업을위한토지등의취득및보상에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of C (total area: 266 square meters) and goods on the land in Yangsan-si, and the person engaged in agriculture in the same land.

The owners of land, persons concerned, and other persons who hold a right to the land to be expropriated or used or goods thereon by any person who does not include landowners or persons concerned shall deliver or transfer such land or goods to a project operator by no later than the commencement date of expropriation or use.

Nevertheless, even though the Defendant was admitted to the "project to improve wetlandss on the Sea Sea" (the date of commencement of expropriation: January 12, 2016) which was implemented by the branch office of the Gyeong-do branch at the time the Defendant owned the said land and the goods on the said land, the Defendant did not transfer the land and the goods on the said land to the Gyeong-do branch, a project executor, by the commencement date of expropriation without justifiable grounds, notwithstanding the receipt of the land compensation deposit.

Accordingly, the defendant did not deliver the goods owned by him to the business executor until the commencement date of the above expropriation.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for consultation on indemnity for loss, requests for consultation on indemnity for land, records on indemnity for loss, requests for consultation on indemnity for loss, written adjudication, details of indemnity, deposit of indemnity for expropriation, application of Acts and subordinate statutes to cash deposit;

1. Article 95-2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor and Articles 95-2 and 43 of the Act on the Acquisition of Land, etc. for Public Works Projects for the Selection of Punishment of Crimes and Selection of Fines (the first crime and the circumstances leading to the crime in this case, etc. shall be taken into account);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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